Kenya Writes to AU Over DP Ruto’s Hague Case

In February 2014, the African Union asked its members to stand together against the trials of sitting heads of state and government at the International Criminal Court.

(The Star) – – The Authorities has written to African Union Fee chair Nkosazana Dlamini-Zuma, asking her to urgently convene a particular assembly to debate the ICC.

Final night time the ministry of Overseas Affairs and Lawyer Common Githu Muigai have been consulting with President Uhuru Kenyatta and Deputy President William Ruto earlier than dispatching the letter.

“This letter has been written in view of the altering positions on the ICC. We imagine that the courtroom continues to shift the objective posts every time the tip nears,” mentioned Senator Kipchumba Murkomen.

President Kenyatta is in Italy with AG Muigai on official responsibility.

Deputy President Ruto is the URP chief and his MPs have overtly complained that their Jubilee companions, President Kenyatta’s TNA, have deserted the DP after the collapse of the President’s personal ICC case in December final yr.

Final weekend greater than 100 Jubilee legislators held prayers in Kuresoi, the place they accused the ICC of “focusing on a neighborhood.”

Yesterday Nationwide Meeting Majority chief Aden Duale confirmed that Jubilee will petition the AU and complain to The Hague-based courtroom, saying it was morally and legally improper to permit Prosecutor Fatou Besouda to make use of recanted testimony.

“We’ll use all means to make sure that our brothers [Ruto and journalist Joshua Sang] get justice. The courtroom appears to have a predetermined end result, which we’re protesting,” Duale advised the Star yesterday.

Bensouda withdrew Kenyatta’s case for lack of proof and final month the judges listening to Ruto’s case allowed the prosecutor to make use of recanted statements in opposition to the DP.

Ruto and Sang face expenses of crimes in opposition to humanity in the course of the 2007-08 post-election violence by which 1,113 folks have been killed and greater than 600,000 displaced.

Some witnesses have pulled out, died, disappeared or recanted their testimonies, however Bensouda petitioned the courtroom, basing her argument on rule 68, amended in the course of the 2013 Meeting of States Events’ assembly at The Hague.

In February final yr, the African Union requested its members to “converse with one voice” in opposition to the trials of sitting heads of state and authorities on the ICC. The assertion got here in relation to the trials of President Kenyatta and Deputy President Ruto.

The AU requested the UN Safety Council to postpone the trials whereas the Kenyan leaders have been nonetheless in energy, however the decision did not get the required 9 votes, making it the primary decision in a long time to fail with out a veto from one of many everlasting members.

The newest transfer comes virtually per week after Kenya’s ambassador to the UN, Macharia Kamau, wrote a protest word to the ASP over the choice by the ICC judges to permit recanted statements for use in a case.

Within the letter to ICC President Silvia Alejandra Fernández de Gurmendi and ASP President Sidiki Kaba, Kamau argued that the judges’ resolution was “regrettable and improper.”

Yesterday Duale mentioned Kenya supported the amendments to rule 68 after the ASP promised they’d not apply within the Kenyan circumstances.

The amendments allowed the courtroom to make use of recanted statements.

“They’ve used the again door and at the moment are making use of the identical rule. That’s what we’re opposing,” he mentioned.

Duale insisted that they are going to push the federal government to begin the method of withdrawing from the Rome Statute, saying the ICC was now confirming that it was “created for Africa and Africans solely.”

By Gideon Keter.

Aline Niyonkuru

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